Section 34A-16-45 – Penalty for violation of designation ordinance.
34A-16-45. Penalty for violation of designation ordinance. Any person who violates a designation ordinance adopted pursuant to this chapter is guilty of a Class 1 misdemeanor and is also subject to a civil action by the State of South Dakota in circuit court for the recovery of a civil penalty of not more than ten […]
Section 34A-16-46 – Processing and disposal of waste generated outside of district prohibited.
34A-16-46. Processing and disposal of waste generated outside of district prohibited. No solid waste disposal facility owned or operated by any municipality, county, or regional recycling and solid waste management district located within a regional recycling and waste management district may accept for processing or disposal any solid waste generated outside the boundaries of the […]
Section 34A-16-47 – Powers granted by chapter independent from other statutes.
34A-16-47. Powers granted by chapter independent from other statutes. The powers granted by this chapter, including the powers granted to a regional recycling and waste management district, a county or a municipality, are independent from and shall be supplementary to, powers granted by any other statute, and restrictions, conditions, procedural provisions, or other requirements contained […]
Section 34A-16-48 – Entrance upon public and private lands to determine suitability of potential landfill site.
34A-16-48. Entrance upon public and private lands to determine suitability of potential landfill site. A district, in the course of investigating and analyzing the suitability of land sought to be acquired for district landfill purposes, may, after reasonable notice and during normal business hours, enter upon any public or private land for the purpose of […]
Section 34A-16-49 – Legislative findings.
34A-16-49. Legislative findings. The Legislature hereby finds that: (1)The high and increasing cost of owning, operating, and closure of solid waste facilities, and the financing thereof, and the increasing federal and other regulatory requirements pertaining to such solid waste facilities, has created an urgent demand for action by counties, municipalities, and others in this state; […]
Section 34A-16-29 – Issuance of bonds to pay for closure, postclosure, and contingency costs for responses to releases from facilities or to refund outstanding bonds.
34A-16-29. Issuance of bonds to pay for closure, postclosure, and contingency costs for responses to releases from facilities or to refund outstanding bonds. Any county or municipality, by resolution, may authorize the issuance of bonds to provide funds for the closure, postclosure, and contingency costs for solid waste facilities, for responses to releases from solid […]
Section 34A-16-30 – Use of proceeds under § 34A-16-29 limited.
34A-16-30. Use of proceeds under §34A-16-29 limited. The proceeds of county or municipal bonds issued under §34A-16-29 for closure, postclosure, and contingency costs and noncapital responses to releases may be used only for publicly-owned solid waste facilities in existence on, or closed prior to, March 14, 1993. Source: SL 1993, ch 259, §32.
Section 34A-16-31 – Solid waste management fund–Separate accounts–Audit requirements.
34A-16-31. Solid waste management fund–Separate accounts–Audit requirements. Any district owning or operating solid waste management property or facilities shall continuously maintain a special account on its official books and records designated as the solid waste management fund, to which it shall credit all receipts from the contracts, rates, and charges authorized in this chapter and […]
Section 34A-16-32 – Designation and reviewing authority defined.
34A-16-32. Designation and reviewing authority defined. For purposes of this chapter, the term “designation” means a requirement by a regional recycling and waste management district that all or any portion of the solid waste that is generated within its boundaries or any service area of the district be delivered to a processing or disposal facility […]
Section 34A-16-33 – Obtaining designation authority.
34A-16-33. Obtaining designation authority. A regional recycling and waste management district may obtain designation authority if: (1)Designation authority has been included in the district’s articles of incorporation; (2)The district has prepared a comprehensive solid waste management plan and designation plan as provided in §34A-16-35; (3)The district’s designation plan has been approved by the reviewing authority […]